McNaughton v. Norris, 2 N.C. 246, 1 Hayw. 246 (1795)

April 1795 · North Carolina Superior Court

2 N.C. 246, 1 Hayw. 246

Surviving Partners of Auley McNaughton and Co. v. William Norris, Surviving Partner, &c.

Assumpsit for goods, wares and merchandize sold and delivered. General issue and s'auu.e of limitations pleaded; and (he principal question of law was, whether the act of limitations runs from the date of each article in the account, or from the date of the last article only.

Et

per curiam,

the act runs from the date of the last article in (he account only, where the account has been running on from its first commencement $ hut where it is once deserted or ended between the parties, (hen from that time. Verdict was found accordingly, and the Plaintiff had judgment.

Note.— Vide Kimboll v. Person’s Adm's. 2 Hay. 394. 2 Sound. 127, note 6 & 7.